RESIDENT MAGISTRATES’ COURT.

Marlborough Daily Times, Volume II, Issue 178, 3 December 1880, Page 3

RESIDENT MAGISTRATES’ COURT.

Blenheim, Wednesday, Dec. 1. (Before 11. Mclntire, Esq., R.M]. CLARKE V. CLARKE. This was an assault case. When it was called on there was no appearance of either party and it was accordingly struck out. BREACH OV SHEEP ACT. McGarrety, sheep dealer, was charged by W. A. R. Sutton, Inspector of Sheep, for that he (defendant) on the 17th instant, being about to drive 250 sheep across the Yemen Run did not give to the occupier thereof the notice required to be given under section 40 of the Sheep Act, 187 S. Mr Sinclair appeared in support of the information. Defendant admitted that he did not give written notice, and it was not the practice to give other than verbal notice The Resident Magistrate said this might be very convenient and the law on the subject might be very inconvenient, still, people were obliged to conform to what the law was. Mr Sinclair said the prosecutor would be content with the lowest penalty. The sheep in this case were lost on the Vernon Run and might get back to Runs which had a clean certificate and infect them. The Bench imposed the minimum penalty of threepence per head for each sheep, making a total of L 3 2s 6d, in addition to costs of Court, 7s, and LI Is counsel’s fee. BATCHELDOR V. O’BRIEN. John O’Brien was charged with maliciously inflicting upon Charles Batcheldor grievous bodily harm with an axe, with which defendant struck the complainant. Mr McNab appeared in support of the information, and Mr Sinclair for tire defence.

The case arose out of a dispute about a punt at the Boulder Bank on the 22nd November, which formed the subject matter of a recent Magisterial investigation reported in our last issue. Dr Horne was called to give evidence as to the injury received by complainant and

| stated that Batchel.lor’s lefi thumb was fractured at the top joint. It wrts such an injury as might be inflicted by a blow from I any hard substance. The injury was not

of a very serious nature, i By Mr Sinclair The man would be able to work in a week or ten days. He told witness lie had been to the Hospital for treatment as be bad no home. It was not a Hospital case. It would be two oi three weeks from the time of the injuij that lie would get the use of his hand. Charles Batclieldor, fisherman, deposed i that on Monday week last lie and 0 Bnen had a few words in the morning and again in the afternoon. On the latter occasion j O’Brien brought an axe from his house ami smashed up a punt lying on the beach. Witness remonstrated and asked him not to break tho punt, and lie then made at ! witness with an axe, saying he would kill

him, and finally struck him on the thumb of the left hand, causing the injury described by Dr Horne. Mr Liardet was piesent. Witness.has been under treatment at the Hospital and has been unable to work since the occurrence. Dr Cleghorn attended to the injury at the Hospital. Witness ran away from O'Brien who was | chasing him with an axe. After witness was struck lie said to O Bricn, “louvo broken my thumb.” O’Brien replied, “ Yes and I’d split your head open as soon as I’d look at you.” . In reply to Mr Sinclair witness said lie gave no provocation. He did not pick up a stone and rush at 0 Bricn with it or an} - thill" of tho kind. \\ itness left tnumb was not injured on any previous occasion. The thumb of bis right hand was hurt b> bavin" a fish bone run into it some time ago. Witness did not tell the Magistrate that O’Brien had cut his thumb off. \\ itness went to the Hospital as he had no place to stop at and was unable to work. George Cleghorn, M.R.C.S.h., &c., deposed :—I was formerly house surgeon of St. Thomas’ Hospital, .London, and am now surgeon of the \\ airaa Hospital. I know the complainant in this case. I admitted him to the Wairau Hospital on Wednesday. Ife had a bruise on the top of Ins left thumb. Ido not' think any bones were broken. Tt will be about a fortnight before he is all right again. The injury was probably produced by some blunt instrument. I admitted him to the Hospital because he was a destitute person and unable to get his living owing to the accident. In London such a man would be sent to the workhouse. I had been spoken to previously by a member of the Hospital Committee who had enquired into the man’s circumstances and recommended his being admitted. The Hospital here does duty for both work house and hospital. I should say there was no fracture. The thumb is simply bruised. By Mr Sinclair .-—The thumb was bruised on both sides. I should judge that Batcheldor must have had something in his hand at the time he was struck or the hand must have rested on something. If lie had had money there was no reason why he should not be treated as an out-patient. A moderate blow with a carpenter’s hammer would have produced the same sort of bruise. By the Courtßatclieldor will not bo able to work for another fortnight. It would be as well for him to have his thumb looked to still. He wants board and lodging as much as anything. St. Clair Liardet deposed to being present on the day in question when the dispute took place and O’Brien smashed up the punt with an axe, with which lie also struck Batclieldor and threatened to split his brains, stop his Yankee tricks, and kill him. Witness remonstrated, and O’Brien then threatened to serve him in the same way. O’Brien was foaming with passion. Bacheldor had no stick or stone or other offensive weapon, nor did he say anything to O’Brien except telling him not to smash the punt. By Mr. Sinclair : I am on good terms with Captain Fisk and Mr. Fell. I was subpoened here. I came in the Napier, and shall have to pay for my passage. O’Brien struck several blows at Bacheldor, one of which might have broken his ribs, the axe just catching in his shirt. Bacheldor kept backing away from O’Brien, as the latter chased liim with the axe. Witness and Batclieldor were shooting birds during the season. They did not use a swivel gun. They were not engaged in smuggling transactions in any way. It is not a fact that we want to get rid of O’Brien for two or three years in order to go in for smuggling. Witness did not tell Captain Fisk that O’Brien chased Bacheldor for a distance of half a mile. I did not knock O’Brien down when lie assaulted Bacheldor first, because O’Brien is an old man, and secondly because there were other ways of proceeding than taking the law into one’s own hands. The Resident Magistrate intimated that this was not a case to be treated as an indictable offence to be sent for trial, but might be summarily dealt with. After some discussion as to whether it would be necessary for a fresh information to be laid, on which point the Court took time to consider, Mr. Sinclair addressed the Court for the defence, pointing out the contradictions in the evidence, and the trifFng nature of the

assault. He also pointed out that the doctors differed as to the extent of the injuries one saying that the bone was fracuredand the other that it was only bruised. No jury whatever would convict in such a case. He proposed that the defendant after being duly cautioned, should tell his own story. The R.M. after an adjournment for ten minutes, said lie found that he could not ileal with the case summarily without a fresh information and therefore dismissed the case. Mr McNab said he proposed to lay a fresh information, and it was agreed that the case should be heard the next day at eleven o'clock to which hour the court then adjourned.

Thursday, December 2. The case of Batcheldor v. O’Brien was again called on and dealt with summarily as a matter of common assault. The depositions taken the previous day were read over to the witnesses who severally said they were true. The defendant admitted the assault hut alleged that be acted in self-defence. Being sworn lie stated that he was cutting up firewood with an axe at the time of the occurrence. He objected to the punt being given to the fishermen and proceeded to remove the boards, which were his own property, when Batcheldor rushed at him three times and got struck with the axe aa it swung round. The punt had been given to witness by Liardet. The Court said the case was one surrounded with considerable difficulty. There was a great conflict of evidence in the case. Under all the circumstances he was of opinion that a case of justification had not been made out by defendant, who was fined L2 and L 5 5s costs, the amount to be paid within 14 days, or in default one month’s imprisonment. MAINTENANCE. —ROBERTS V. ROBERTS. James Griffiths Roberts was ordered to pay the amount due on an order obtained against him by his wife Borne time ago, with which request lie complied,